D. P. Bestor, for defendant in error.
Mr. Chief Justice FULLER.
The judgment is reversed, with costs, and the case remanded, with a direction to remand it to the city court of Birmingham, county of Jefferson, Ala., on the authority of Chappell v. Waterworth, 155 U.S. 102 , 15 Sup. Ct. 34.
Reversed and remanded.